BILL NUMBER: AB 502 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 5, 2007
PASSED THE ASSEMBLY SEPTEMBER 5, 2007
AMENDED IN SENATE AUGUST 27, 2007
AMENDED IN SENATE AUGUST 20, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MAY 2, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 20, 2007
An act to add and repeal Section 6219.5 of the Family Code,
relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 502, Charles Calderon. Domestic violence.
Under existing law, any person who perpetrates domestic violence,
as defined, is subject to both criminal penalties and civil remedies,
as specified. In that regard, the purposes of the Domestic Violence
Prevention Act are to prevent the recurrence of acts of violence and
sexual abuse and to provide for the separation of the persons
involved in the domestic violence for a period sufficient to enable
those persons to seek a resolution of the causes of the violence.
This bill would require the City of Los Angeles to establish a
2-year pilot program by contracting with, or arranging for, a
nonprofit organization or nonprofit organizations to provide aid to
certain victims of domestic violence who are undocumented immigrants,
subject to appropriation in the Budget Act of no more than $145,000,
as specified. The bill would require that nonprofit organizations
providing legal services have an expertise in immigration law as it
relates to the federal Violence Against Women Act (VAWA) and at least
5 years experience, and nonprofit organizations providing vocational
services have at least 2 years experience, and would set forth other
professional standards, as specified. The bill would further require
the City of Los Angeles, before July 1, 2012, to compile and submit
a report to the Legislature that contains specified information. The
bill also would set forth related findings and declarations with
regard to VAWA.
By adding to the duties of local employees, this bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that the Legislature finds there is no
mandate contained in the bill that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to these constitutional
and statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares the following:
(1) The federal Violence Against Women Act (18 U.S.C. Sec. 2261 et
seq.) is a law aimed at ensuring that women who are victims of
domestic violence, including undocumented immigrants, are protected
from their perpetrators.
(2) The United States Department of Justice, through the Office of
Violence Against Women, encourages nonprofits, community-based
organizations, and other social service organizations to aid victims
of violence by providing the legal services and social services
necessary for women to come forward and cooperate with law
enforcement without fear of being legally reprimanded due to their
immigration status.
(3) The act provides that those who are undocumented and are
victims of domestic violence are eligible to apply for the U-visa and
a work permit.
(4) Despite these federal provisions, many victims do not report
their assailants or decide not to help in the prosecution of their
aggressors because of fear of deportation. Many victims are not aware
of the laws that have been established to protect them. Their
unfamiliarity with the legal process poses a detriment to their lives
and the lives of their children. Additionally, in cases where women
have decided to cooperate with authorities, they find that they are
unable to economically support their families because of a lack of
job experience, job training, and interviewing skills.
(b) It is the intent of the Legislature to enact legislation
creating a pilot program that enables a community-based organization
to provide legal advice and aid to victims of domestic violence who
are undocumented, in accordance with the goals of the federal
Violence Against Women Act. The community-based organization would
assist undocumented immigrants who are victims of domestic violence
in applying for visas and work permits, and would also work with law
enforcement to help victims cooperate in the prosecution of their
attackers. Additionally, the community-based organization would be
responsible for providing job counseling and training, employment
workshops, and self-esteem workshops to provide victims of domestic
violence with the tools necessary to financially sustain themselves
and their families.
SEC. 2. Section 6219.5 is added to the Family Code, to read:
6219.5. (a) Subject to appropriation in the annual Budget Act,
with a maximum allocation of one hundred forty-five thousand dollars
($145,000), the City of Los Angeles shall establish a two-year pilot
program by contracting with, or arranging for, a nonprofit
organization or nonprofit organizations to provide the following
services to undocumented immigrants who are victims of domestic
violence:
(1) Assistance with restraining orders.
(2) Assistance with applications for U-visas, petitions under the
federal Violence Against Women Act (VAWA), and work permits.
(3) Workshops on building self-esteem and self-confidence.
(4) Instruction on appropriate workplace etiquette and appearance.
(5) Training in effective job search techniques.
(6) Career assessments, when appropriate, to identify marketable
skills and assess employability.
(7) Information about current labor market trends for employment
and training.
(8) Placement with employers who agree to hire a prearranged
number of victims.
(9) Postemployment services.
(b) (1) The City of Los Angeles shall only contract with a
nonprofit organization providing legal services that has an expertise
in immigration law as it relates to VAWA and has at least five years
of experience practicing in this area of law. The City of Los
Angeles shall only contract with a nonprofit organization providing
vocational services that has at least two years of experience in
providing vocational assessment, career counseling, and job placement
services to immigrants or victims of domestic violence.
(2) Funds received by an organization pursuant to this section
shall only be used for operating expenses relating to providing the
services described in paragraphs (8) and (9) of subdivision (a).
These funds may not be used for capital projects, fundraising, or
other administrative costs.
(c) (1) The services described in paragraphs (8) and (9) of
subdivision (a) shall only be provided to domestic violence victims
who have acquired work permits.
(2) The services described in paragraphs (3) to (7), inclusive, of
subdivision (a) shall be provided to victims as soon as they are
identified as eligible for VAWA relief.
(d) Any legal service provided by a nonprofit organization or
nonprofit organizations described in subdivision (a) shall be
provided by an attorney.
(e) (1) Any individual providing vocational services or counseling
provided by a nonprofit organization described in subdivision (a)
shall meet the requirements for a domestic violence counselor, as
defined in Section 1037.1 of the Evidence Code.
(2) Any confidential communication, as defined in Section 1037.2
of the Evidence Code, between a victim and a counselor who fulfills
the requirements set forth in Section 1037.1 of the Evidence Code
shall be protected by the domestic violence counselor-victim
privilege.
(f) (1) An organization that will employ religious content in
providing the services described in paragraphs (8) and (9) of
subdivision (a) shall not be eligible for funds under this section.
(2) Notwithstanding paragraph (1), a separate nonprofit entity or
affiliate of that religious organization that is a tax-exempt
organization under Section 501(c)(3) of Title 26 of the United States
Code may apply for and receive grants if those applications and
grants are under the control of that tax-exempt organization.
(g) Contracts shall be awarded using a competitive bid process
that shall include provisions regarding, and that comply with, all of
the following:
(1) Section 4 of Article I of the California Constitution.
(2) Section 5 of Article XVI of the California Constitution.
(3) State and federal civil rights laws.
(4) The First Amendment of the United States Constitution in
regard to the funding of religious organizations and activities.
(h) Before July 1, 2012, the City of Los Angeles shall compile and
submit a report to the Legislature that shall include all of the
following:
(1) A description of the process used to award contracts to
nonprofit organizations that received funds pursuant to this section.
(2) A list of nonprofit organizations that were awarded contracts.
(3) The amount of funds that was awarded to each nonprofit
organization.
(4) The number of victims that received services and the types of
assistance they received.
(i) The cost of this program shall not exceed the appropriation
specified in subdivision (a).
(j) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 3. The Legislature finds that there is no mandate contained
in this act that will result in costs incurred by a local agency or
school district for a new program or higher level of service which
require reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution and Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.